Archive:May 23, 2024

1
Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges
2
Design Series – Episode 1: M&S v Aldi: Guidance on Enforcement of Registered Designs in the UK

Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges

On 21 May 2024, the Federal Circuit overturned the Rosen-Durling test used to assess non-obviousness of design patents. In LKQ Corporation v. GM Global Technology Operations LLC, the Court en banc ruled the same conditions for patentability that apply to utility patents apply to design patents, specifically holding the obviousness rationale articulated in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), will now apply to design patents. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728, at 1 (Fed. Cir. May 21, 2024) (en banc).

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Design Series – Episode 1: M&S v Aldi: Guidance on Enforcement of Registered Designs in the UK

Marks & Spencer (M&S) and Aldi were at loggerheads again over an alleged IP infringement. Having already publicly contested their dual production of caterpillar cakes, their latest dispute concerned festively decorated gin bottles. 

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